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All Journal Novum : Jurnal Hukum HUKUM BISNIS
Shinurad, Duto Mahardiko
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Law, Crime, Criminology & Criminal Justice

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LAW PROTECTION FOR WORKER’S UNSPECIFIED TIME WORK AGREEMENT IN PT INTER WORLD STEEL MILLS INDONESIA RELATED THEIR WORK PERIOD Shinurad, Duto Mahardiko
NOVUM : JURNAL HUKUM Vol 7 No 1 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v7i1.31112

Abstract

One of the problems in employment in Indonesia is the worker contract system that know as Unspecified Time Work Agreement between workers and the companies. The companies often make deals to extend the Unspecified Time Work Agreement without care about how long the worker has been working. The system of extending Unspecified Time Work Agreement without any certainty naturally raises unrest for workers for fear that Unspecified Time Work Agreement will no longer be extended. The Unspecified Time Work Agreement extension by the company is based on the existence of freedom of contract which frees the parties to make agreements and freedom to determine the contents of the agreement. This study aims to understand and analyze the legality of Unspecified Time Work Agreement who made by PT Interworld Steel Mills, and to understand the law protection for worker which extend the Unspecified Time Work Agreement. This research include normative juridical research which is a research by examining secondary legal source or library material. Legal material obtained from primary and secondary legal material with prescriptive analysis methods, namely the assessment of the right or wrong legal fact or legal events from the results of research. Unspecified Time Work Agreement is made based on the legal requirements agreement of article 1320 KUH Perdata. Base on article 1320 KUH Perdata, extending Unspecified Time Work Agreement could not fulfill the 4th elemen because Unspecified Time Work Agreement could no longer be extended or approved. As a form of legal protection, workers can conduct bipartite negotiations, mediation, and  sue to Industrial Court. Keywords : Unspecified Time Work Agreement, Worker, Law Protection.
Perlindungan Hukum Bagi Karyawan Notaris Yang Tidak Terdaftar BPJS Ketenagakerjaan Berdasarkan Undang-Undang No. 24 Tahun 2011 Tentang Badan Penyelenggara Jaminan Sosial Shinurad, Duto Mahardiko; Huda, Miftahul
Jurnal HUKUM BISNIS Vol 8 No 1 (2024): Volume 8 Number 1 2024
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33121/hukumbisnis.v8i1.2827

Abstract

Article 27 paragraph (2) of the 1945 Constitution mandates the government to provide protection for labor and a decent livelihood for humanity. Today's rapid business development has an impact on the need for notaries as officials who make authentic deeds. This authentic deed will later become evidence with full legal force in court. The result of the increasing need for notaries is the increasing number of notaries and notary offices which then open up jobs as notary employees. When looking at the legal relationship between notaries and notary employees, the employer is the notary and the workers are notary employees, while the notary office is a company. For this reason, the existing rules in Law no. 24 of 2011 concerning the Social Security Organizing Agency also apply to notary offices. Normative juridical legal research methods, or research done by looking at the laws and regulations that apply or are applied to a specific problem with 2 (two) approaches, namely: statute approach and conceptual approach, are the research method used to address the legal issues raised in this study. Primary and secondary legal resources were the sources of research materials employed in this study. The deduction method, which is the process of conducting research based on general principles to explain particular events or from general theories to concrete facts, was the analysis approach employed in the compilation of data for this study. The formulation of the problem in this paper is how the form of legal protection for notary employees who are not registered with the Employment BPJS based on Law no. 24 of 2011 concerning the Social Security Organizing Agency (BPJS) Keywords: Social Security, Worker, Notary
Co-Authors Miftahul Huda